A.02.05 JA for Sole Source_SAM.pdf

Justification and Approval for Other Than Full and Open Competition

1. Contracting Agency: U.S. Army Corps of Engineers, Huntington District, CELRH-DCT-C, 502 8th Street, Huntington, WV, 25701

2. Description of the Action:

This justif ication and approval (J&A) is being prepared for the use of a brand name item, Flygt and Gorman-Rupp Pumps, in a firm fixed price contract for the Pittsburgh Repair Station. The action submitted for approval is for a brand name procurement for Flygt and Gorman-Rupp submersible electric pumps models: 0022500110176, S4A1-E25, S6A1-E60, and S6E1-E60. This will be a commercial supply procurement using FY22 funds.

3. Description of Supplies/Services:

The purpose of this procurement is for a vendor to supply and deliver submersible electric pumps to the Pittsburgh Repair Station. These pumps are direct replacements for existing pumps acquired between 1990 and 2009 that are no longer in serviceable condition. The replacement pumps are to be used with an inventory of matched Variable Frequency Drives (VFD’s) and Equipment Ground Fault Protection Devices (EGFPD’s) along with an existing inventory of spare parts. The requested brands offer models that are the only ones compatible with existing equipment and parts inventories.

4. Authority Cited: FAR 13.106-1(b)(2), as the existing equipment inventory precludes consideration of products manufactured by another company. Reference EM 385-1-1, paragraph 11.E.04.A1 relative to the operation, installation, and testing of submersible electric pumps.

5. Reason for Authority Cited: As described at FAR 13.106-1(b)(2), when the supplies or services required by the agency are available only from one brand name and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. This J&A applies that ‘Brand Name’ authority using the application of FAR 13.106-1(b)(2)

a. Background. The Government requires replacement submersible electric pumps to support de-watering operations at navigation and flood control maintenance projects. The Government currently owns the requested pump models along with relevant spare parts and ancillary equipment required for their operation. Purchase of in-kind pumps will allow the Government to use its existing inventory of parts, VFD’s and EGFPD’s without risking unacceptable and costly project delays. To purchase another brand name or model would preclude the Government from using its parts and equipment inventories, and replacement items suitable with other brands/models would need to be procured. Not being able to use the Government’s existing inventory simply to purchase pumps from a different manufacturer would be an economic waste and does not make practical sense. Therefore, the use of the Gorman-Rupp and Flygt brands are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

b. Justif ication.

(1) The minimum Government need is to procure Submersible Electric Pumps that are direct replacements for those that have been deemed as no longer serviceable. These new units will directly replace those that have been in service by the R3F Medium Fleet for many years and have reached the end of their life.

(2) The Pittsburgh Repair Station is requesting direct replacements for existing pumps that were purchased between the years 1990 and 2009 that are no longer in a serviceable condition. These requested brand name pumps would allow the Government to use an existing inventory of spare parts and keep the Government from being required to purchase all new parts, which would result in economic waste.

c. Impact. If this J&A is not approved, there could be costly delays for the Pittsburgh Repair Station and the Government would need to procure additional parts. The Government currently owns the requested pump models along with relevant spare parts and ancillary equipment required for their operation. Purchase of in-kind pumps will allow the Government to use its existing inventory of parts, VFD’s and EGFPD’s without risking unacceptable and costly project delays. To purchase another brand name or model would preclude the Government from using its parts and equipment inventories, and replacement items suitable with other brands/models would need to be procured.

6. Efforts to Obtain Competition: This procurement will be solicited on Sam.gov as a 100% small business set-aside for all Flygt and Gorman-Rupp authorized dealers to provide quote.

7. Actions to Increase Competition:

Competition was attempted but not successful to the specific brands needed, because of the brand territories, the Huntington District Office may only order Gorman-Rupp and Flygt brand products from authorized dealers.

8. Market Research: The Pittsburgh Repair Station and R3F Medium Capacity Fleet has not found submersible electric pumps by other manufacturers that will meet the mission requirements. The brands and models specified have physical and performance characteristics required to operate within lock chambers and valve pits using the existing inventory of spare parts, hoses, fittings, VFD’s, and EGFPD’s.

9. Interested Sources: N/A

10. Other Factors: None

11. Technical Certif ication: I certify that the supporting data under my cognizance, which are included in the Justif ication and Approval, are accurate and complete to the best of my knowledge and belief.

Robert L. Coward

2022.03.21 11:34:17 -04'00'

12. Contracting Officer Certification & Fair and Reasonable Price Determination: I certify that this justif ication is accurate and complete to the best of my knowledge and belief.

Contracting Officer

Date: 2022.03.22 11:24:17 -04'00'